Terms and Conditions

1. Your Acceptance

Gift Songs, Inc. (“Gift Songs”) provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Gift Songs, and you governing your use of the Website. By using and/or visiting the www.Gift-Songs.com Website or any other websites and social media profiles owned or controlled by Gift Songs (collectively as the “Website”), you signify your assent to both these Terms of Use and the Gift Songs Privacy Policy, which is specifically incorporated into these Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

2. Website Access

Gift Songs hereby permit you to use the Website as outlined in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Gift Songs’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Gift Songs and/or the Website. You agree to provide true, accurate, current, and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Gift Songs suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Gift Songs servers in a given period than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gift Songs permits the operators of public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gift Songs reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. The Website

These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Gift Songs. Gift Songs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you specifically release Gift Songs from any liability arising from your use of any third-party website.

4. Payment Terms (Fees, Klarna, Gift Cards, Referral Program)

Fees: The fee for a Gift Songs product or other offering is specified on the page on our Website where you purchase the applicable Gift Songs product. You agree to pay all amounts due under the payment terms in effect when you purchase a Gift Songs product, including any applicable service, transaction, or processing fees.

Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Gift Songs may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.

Payment: You may purchase a Gift Songs product by using a valid payment card with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Your use of your payment card is governed by your agreement with and the privacy policy of the applicable payment card, not these terms. 

Refunds and Revisions: You may receive a refund on Gift Songs products in certain circumstances at Gift Songs’s sole and absolute discretion. If applicable, revisions may be made to Gift Songs products solely under https://gift-songs.com/song-revisions.

Sumit: In cooperation with sumit.co.il, we offer you the following payment options. Payment is to be made to Sumit:

–  Pay in 4 Payments

Further information and Sumit’s user terms can be found on the sumit.co.il website. Your data is handled under applicable data protection law and the information in Sumit’s privacy statement.

Gift Cards: ‍Gift Songs gift cards can be applied only to purchases of Gift Songs products from the Website. Except as otherwise indicated, gift cards are subject to these terms and conditions. A gift card is valid only if purchased from the Website or a party authorized by Gift Songs. Gift Songs is not responsible for, and will not honor, any invalid gift card or balance that is incorrect, misrepresented, or invalid.

All gift cards are electronic. A gift card has no balance or value until payment has been received and the recipient activates the gift card. Gift Songs is not responsible for any gift card that is undeliverable, not received or not activated, for any reason, including inaccurate delivery information (such as an inaccurate email address), spam filters on the recipient’s email, or otherwise.

Balance. The price of each transaction paid for by the gift card will be debited against the balance on the gift card. If the price is greater than the balance, the purchaser must pay the difference. If the price is less than the balance, the unused portion will remain as a balance credit until it is redeemed and the balance of the gift card is decreased to zero.

Refusal to Accept. Gift Songs may refuse to accept payment by a gift card if Gift Songs determines that the gift card: has an invalid number; has a balance or value of zero; has not been activated; or cannot be found within the Gift Songs’s system. Gift Songs may also refuse to accept payment by a gift card if it suspects fraud, mistake, alteration, error in denomination, or a violation of any applicable law or regulation or these Terms of Use.

No Implied Warranties

A gift card is not a credit, debit, or charge card. To the extent permitted by applicable law, Gift Songs disclaims all warranties, conditions, and representations of any kind concerning any gift card or the balance of any gift card, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of the course of dealing or usage of trade. To the fullest extent permitted by applicable law, in the event a valid gift card is non-functional, the sole remedy and the sole liability of Gift Songs will be the replacement of that gift card.

Other Terms

Expiration. Gift cards will remain active for five years from the date of purchase. Notwithstanding the preceding, Gift Songs does not guarantee that gift cards or their value will times always be available. Gift Songs does not guarantee that it will continue to offer gift cards for any particular length of time. Gift Songs may suspend or terminate gift cards from time to time for any or no reason, in our sole discretion, and without advance notice or liability.

Lost or Stolen gift card. The purchaser and recipient are responsible for securing the gift card. A lost or stolen gift card will not be replaced. Gift Songs is not responsible for any unauthorized use of a gift card.

Referral Program. 

We may provide each user who has created a Gift Songs account on the Website with a unique referral URL (“URL”) that may be shared with the members of the applicable user’s network (friends, family members, and personal contacts) and used by them when they create an account for the first time, under the terms set out below (“Customer Referral Program”).

Participation in the Customer Referral Program is limited to (a) each user; and (b) the user’s friends, family members, or personal contacts who have never created a Gift Songs account.  For each eligible friend, family member, or personal contact who creates a Gift Songs account for the first time using your URL (each, a “Referred User”), Gift Songs will issue a one-time credit to the Referred User and, after the Referred User’s first purchase of a Gift Songs product priced at the amount specified to you (each, a “Customer Referral Credit”) as described below:

After the Referred User creates a Gift Songs account, Gift Songs will issue a Customer Referral Credit to the Referred User’s Gift Songs account; and after the Referred User makes their first purchase of a Gift Songs product on the Website, Gift Songs will issue a Customer Referral Credit for that Referred User to the referring user’s (your) Gift Songs account.

Notwithstanding anything to the contrary, you acknowledge and agree that a new user will not be deemed a Referred User under the Customer Referral Program and no Customer Referral Credit will be due to that new user or you if: your URL is not used when a new user creates a new Gift Songs account; your friend, family member, or personal contact has previously either purchased a Gift Songs product or created a Gift Songs account, (with or without another URL), whether or not, in either case, under the same or different name or email address, or otherwise; or anyone else has received or is receiving a Customer Referral Credit in connection with that friend, family member, or personal contact.

Each new user may have only one referring user, and we are not obligated to pay more than one Customer Referral Credit to each Referred User for the creation of a Gift Songs account or to pay a Customer Referral Credit to more than one referring User concerning any Referred User. Any Customer Referral Credit received from Gift Songs will be maintained in your Gift Songs account and may be redeemed only for your purchase of a Gift Songs product. If your Gift Songs account has a credit balance when you make a purchase, the balance will be redeemed for that purchase (until fully redeemed) and your payment card will be charged for any remaining portion of the purchase price; any remaining balance will remain in your Gift Songs account to be redeemed for your next purchase. A credit balance is not refundable, may not be redeemed for cash, cannot be transferred, cannot be used outside of the Website, and expires or extinguishes immediately when redeemed.

The Customer Referral Program may be used only for personal purposes and you may share your URL only with your connections. You may not advertise your URL or share it with anyone other than your friends, family, or other personal contacts. The Customer Referral Program cannot be used for any commercial purpose. The Customer Referral Program is void where prohibited by law.

You represent and warrant that when you share your URL with your connections, you will: (a) distribute it in a personal manner; (b) not distribute it in a bulk manner; and (c) not create or send any unsolicited commercial email or a “spam” message under any applicable law or regulation. Unless expressly authorized by Gift Songs, any sharing that does not meet these requirements is expressly prohibited and constitutes grounds for immediate termination of your Gift Songs account, including deletion of any Customer Referral Credits, and your participation in the Customer Referral Program. Any Gift Songs account created using a URL that was distributed through an unauthorized channel will not be valid and any Customer Referral Fees issued in connection with that Gift Songs account may be revoked.

We reserve the right to deactivate your Gift Songs account and any Referred User’s Gift Songs account, cancel all related Customer Referral Credits, and seek repayment, if we determine, in our sole discretion, that either you or the Referred User has: (a) tampered with the Customer Referral Program; (b) used (or attempted to use) the Customer Referral Program in a fraudulent, abusive, unethical, unsportsmanlike, or otherwise questionable or suspicious manner; (c) breached any of these Terms of Use; or (d) violated any law or regulation or infringed or violated the rights of any third party.

Credits do not expire, but the terms of the Customer Referral Program are subject to change at any time, for any reason, in our sole discretion. Gift Songs reserves, at any time, for any reason, in its sole discretion to: suspend or terminate the Customer Referral Program; disqualify anyone from participating in the Customer Referral Program; and revoke, refuse to issue, or refuse to redeem any Customer Referral Credits that we suspect were generated through improper channels or in violation of these Terms of Use. Without limiting the foregoing, we reserve the right to review and investigate activities undertaken in connection with the Customer Referral Program and suspend your Gift Songs account, revoke all Customer Referral Fees, or take other action in our sole discretion.

By participating in the Customer Referral Program, you agree to release and hold harmless Gift Songs Parties from and against any economic liabilities, claims, damages, loss, harm, costs, or expenses, including property damage, that arise from or relate in any way to the Customer Referral Program. 

5. Intellectual Property Rights

The content created by Gift Songs, including without limitation, the text, graphics, and photos created by and for the Website, interactive features (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Gift Songs, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Gift Songs or as expressly provided herein. Gift Songs reserves all rights not expressly granted in and to the Website and the Content contained therein.

A user of the Website who receives a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively as the “Master”) shall be given the limited license to use the Master solely for personal use.  A user shall have no right to copy, sell, lease, publicly perform, license, or otherwise grant rights in and to the Master. No ownership or rights of any sort in and to the Master shall be transferred, assigned, or sold to the user through the purchase of the Master via the Website.  Gift Songs may, in its sole discretion, grant a user additional rights to share the Master solely through mechanisms (e.g. embedding) provided on the Website or uploading the Master for distribution on certain streaming services.  Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Master.

6. User Submissions

The interactive nature of postings on Gift Songs makes it impossible for Gift Songs to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Gift Songs users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users are not endorsed by Gift Songs, and we make no guarantee regarding the reliability, accuracy, or quality of any user-submitted content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such user-submitted content. All user-submitted content posted to the Website is the sole responsibility of the person who originally posted the user-submitted content, and your sole recourse for any damage you may suffer as a result of user-submitted content shall be to such individual.

You shall be solely responsible for your user-submitted content and the consequences of posting or publishing them. You retain all of your ownership rights in your user-submitted content.

If you choose to post user-submitted content on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of the Website reflects your respect for the legal rights of users connected with Gift Songs. You understand that Gift Songs does not guarantee any confidentiality concerning any User Submitted Content.

Gift Songs expressly disclaims any liability in connection with user-submitted content. Gift Songs reserves the right to remove Content at its sole discretion and without prior notice. Gift Songs also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.

7. Rules of Conduct

The following rules of conduct apply to your use of the Website and to any materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files, or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.

You may not, in connection with the Website:

• Upload, post, email, or otherwise transmit any User Submission that is libelous, pornographic, sexually explicit, unlawful, or plagiarized;
• infringes or violates any patent, copyright, trademark, trade secret, or other property right; breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
• violates or encourages others to violate any applicable law, statute, ordinance, or regulation;
• promotes software or services that deliver unsolicited e-mail; or contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful programming routines.

You may not, except with Gift Songs’s express advance authorization or in a specially designated area, use the Website to:

• harm minors in any way; solicit personal information from anyone under 18;
• provide false or deceptive information; delete, add, or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
• allow usage by others in such a way as to violate Gift Songs’s Terms of Use.

8. Copyright Infringement

Gift Songs respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Gift Songs and the Website, you may not post, modify, distribute, or reproduce in any way any user-submitted content that is copyrighted material belonging to others, without obtaining their prior written consent. Gift Songs reserves the right, at its discretion, to remove any user-submitted content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the content of an email is the best way to help us locate content quickly.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Gift-Songs.com
Email: service@gift-songs.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

9. Modifications to the Website

Gift Songs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Gift Songs shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

10. Termination

Gift Songs may, under certain circumstances and without prior notice, immediately terminate your Gift Songs account and access to the Website and any other Gift Songs service. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use and other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Gift Songs product. Termination of your Gift Songs account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files, and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Gift Songs’s sole discretion and that Gift Songs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SONGFINCH, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SONGFINCH, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SONGFINCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SONGFINCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND SONGFINCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONGFINCH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL SONGFINCH, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SONGFINCH, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SONGFINCH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Gift Songs from its facilities in the United States of America. Gift Songs makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify, and hold harmless Gift Songs, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Gift Songs, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

14. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Gift Songs without restriction.

16. Copyright Notice

The Website is © 2022 Gift Songs, Inc. All Rights Reserved, and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Gift Songs.

17. Trademarks

All of the Gift Songs trademarks are owned by Gift Songs, LLC, and may not be used for any purpose without the prior written permission of Gift Songs.

18. General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Gift Songs’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Gift Songs reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

19. Texting Terms and Conditions

By providing your mobile number and selecting “I CONSENT” you consent to receive mobile text alerts regarding exclusive offers and promotions from Gift Songs. You may receive recurring Gift Songs promotional text messages and reminder messages (including shopping cart reminders).

You understand that you do not have to sign up for this program to make any purchases, and your consent above is not a condition of purchase.

By signing up, you are confirming you are over the age of 13.

You understand that we will send mobile text messages using automated technology.

Standard message and data rates may apply. Send STOP to cancel and HELP for help. For more information, contact us at service@gift-songs.com.

Gift Songs is committed to protecting your privacy; please see Gift Songs’s privacy policy for more information regarding how we use your number.

20. Violations of These Terms of Use

Please report any violations of the Terms of Use, including objectionable user-submitted content or behavior to service@gift-songs.com. Please state the reasons for your concern and provide a link to the User Submission, Content, or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Gift Songs in its sole discretion may investigate the matter and take such action as Gift Songs determines to be appropriate.

21. Updates to Terms of Use

Terms of Use updated January 1, 2023.